Deputy Marshall Case

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The evidence should not be excluded because the illegal drugs found in the second boxes would have been inevitably discovered. The police obtained a warrant shortly after the execution of the protective sweep, allowing them to search Appellant’s house for any drug related evidence. (T 09). This warrant would have inevitably uncovered the marijuana and cocaine in the second boxes. Further, the drugs in the second boxes would have been inevitably discovered because Deputy Marshall reasonably believed drugs could be hidden in the boxes. The district court properly held that the illegal drugs would have been inevitably discovered during a search pursuant to the warrant. (O 02). Its decision should be affirmed.
The inevitable discovery exception provides that “[i]f the state can establish by a preponderance of the evidence that the fruits of a challenged search ‘ultimately or inevitably would have been discovered by lawful means,’ then the seized evidence is admissible even if the search violated the warrant requirement.” State v. Licari, 659 …show more content…
In fact, in some cases, officers comb “every square inch of a home,” which would have led them to have inevitably find the drugs hidden in Appellant’s closet. (T 10). Deputy Marshall discovered marijuana in plain view after it fell out of the first box, and he subsequently found the second boxes near the first box. (T 8, 9). It was reasonable to believe the boxes could have contained additional evidence of drugs. Moreover, officers would have inevitably executed the search warrant of Appellant’s house, including the master bedroom closet, and would have uncovered partially closed boxes in that closet. As a container and area in which drugs could be hidden and/or stored, officers would have reasonably opened the boxes to discover additional illegal drugs of marijuana and

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